The Mackerel War: testing the limits of the exclusive jurisdiction of the Court of Justice under article 344 TFEU

Publishers Abstract
Recently, a new twist to the phenomenon of conflicting jurisdictions was introduced by the Mackerel War between the Faroe Islands and the European Union. Complicating this fishing quotas dispute is the peculiar position of the Faroe Islands as a self-governing territory within Denmark but outside the European Union.

The Mackerel War, originally little more than a political spat, came to involve both the WTO and the UNCLOS dispute settlement mechanisms. This article focuses on the exclusive jurisdiction of the Court of Justice under art.344 TFEU and examines whether Denmark complied with it. The relationship of the Faroe Islands with Denmark, the European Union, the WTO and the UNCLOS is examined first. Then, Denmark’s EU law obligations are analysed in light of art.344 TFEU, art.4 TEU, and Declaration 25 to the Maastricht Treaty. The findings overwhelmingly support the legality of Denmark’s actions and further elucidate the relationship between dependent territories and the European Union.

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

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